(a)

Official Zoning Map.

(1)

The City is hereby divided into zones or districts, as shown on the Official Zoning Map, Pueblo, Colorado, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Title.

(2)

The Official Zoning Map shall be identified by the signature of the Administrative Official attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 17-1-1 of the Pueblo Municipal Code," together with the date of the adoption of the ordinance from which this provision is derived.

(3)

If, in accordance with the provisions of this Chapter, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following (change) changes were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the Administrative Official and attested by the City Clerk. An amendment which involves matter portrayed on the Official Zoning Map shall not become effective until after such change and entry have been made on said map.

(4)

No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Code.

(5)

Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Administrative Official, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City.

(b)

Replacement of Official Zoning Map.

(1)

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signatures of the Administrative Official and the Director of Public Works attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 3176 of the City of Pueblo, Colorado."

(2)

Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(1957 Code, App. A, §1; Ord. No. 3176, §1, 2-26-68)

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following City limits shall be construed as following such City limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in Subsections (1) though (5) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections (1) through (6) above, the Zoning Board of Appeals shall interpret the district boundaries.

(8)

Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance codified herein, the Zoning Board of Appeals may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

(1957 Code, App. A, §2; Ord. No. 3176, §2, 2-26-68)

(a)

No building, structure or land shall hereafter be erected, constructed, reconstructed, moved or altered except in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk;

(2)

To accommodate or house a greater number of families;

(3)

To occupy a greater percentage of lot area;

(4)

To have narrower or smaller rear yards, front yards, side yards or other open spaces herein required; or in any other manner contrary to the provisions of this Title.

(c)

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Title shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(d)

No yard or lot existing at the time of passage of the ordinance from which this Title derives shall be reduced in dimension of area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this Title derives shall meet at least the minimum requirements established by this Title.

(e)

Any land annexed to the City shall be zoned in the land use classification most nearly corresponding to the land use classification into which said land has been classified under the City's comprehensive plan. However, if the annexation agreement for such land so provides, the land may be classified as Agriculture One (A-1) zone district for the limited period of time specified in the annexation agreement, but no building permit shall be issued for any part of the land classified as Agriculture One (A-1) zone district until after such land is zoned in the land use classification most nearly corresponding to the land use classification into which such land has been classified under the City's comprehensive plan. Nothing contained herein shall be construed to limit the power of the City Council to zone or rezone land classified under this Subsection.

(f)

A petition for the zoning or rezoning of land being annexed to the City may be filed at any time after a petition for annexation has been found to be valid in accordance with the provisions of Section 31-12-107, C.R.S. The Planning and Zoning Commission may hear the petition for rezoning and make its recommendations thereon prior to annexation of the land, but the proposed zoning ordinance shall not be passed on final presentation prior to the date when the annexation ordinance is passed on final presentation.

(g)

Any land use or structure upon land in existence at the time of annexation of said land to the City which is not permitted as a use by right under the zoning classification assigned to such land at the time of annexation or thereafter, shall be deemed a nonconforming land use or structure and shall be subject to the nonconforming provisions of this Title.

(1957 Code, App. A §3; Ord. No. 3669, 2-12-73; Ord. No. 6848 §1, 6-24-02)

Editor's Note: This Ordinance is applicable to all lands annexed to the City after December 1, 1972.